Paper P6 (UK) Advanced Taxation (United Kingdom) Friday 5 December Professional Level Options Module

Transcription

1 Professional Level Options Module Advanced Taxation (United Kingdom) Friday 5 December 2014 Time allowed Reading and planning: Writing: 15 minutes 3 hours This paper is divided into two sections: Section A BOTH questions are compulsory and MUST be attempted Section B TWO questions ONLY to be attempted Tax rates and allowances are on pages 2 5 Do NOT open this paper until instructed by the supervisor. During reading and planning time only the question paper may be annotated. You must NOT write in your answer booklet until instructed by the supervisor. This question paper must not be removed from the examination hall. Paper P6 (UK) The Association of Chartered Certified Accountants

2 SUPPLEMENTARY INSTRUCTIONS 1. You should assume that the tax rates and allowances for the tax year 2013/14 and for the financial year to 31 March 2014 will continue to apply for the foreseeable future unless you are instructed otherwise. 2. Calculations and workings need only be made to the nearest. 3. All apportionments should be made to the nearest month. 4. All workings should be shown. TAX RATES AND ALLOWANCES The following tax rates and allowances are to be used in answering the questions. Income tax Normal Dividend rates rates % % Basic rate 1 32, Higher rate 32, , Additional rate 150,001 and over A starting rate of 10% applies to savings income where it falls within the first 2,790 of taxable income. Personal allowances Personal allowance Born on or after 6 April ,440 Born between 6 April 1938 and 5 April ,500 Born before 6 April ,660 Income limit Personal allowance 100,000 Personal allowance (born before 6 April 1948) 26,100 Residence status Days in UK Previously resident Not previously resident Less than 16 Automatically not resident Automatically not resident 16 to 45 Resident if 4 UK ties (or more) Automatically not resident 46 to 90 Resident if 3 UK ties (or more) Resident if 4 UK ties 91 to 120 Resident if 2 UK ties (or more) Resident if 3 UK ties (or more) 121 to 182 Resident if 1 UK tie (or more) Resident if 2 UK ties (or more) 183 or more Automatically resident Automatically resident Child benefit income tax charge Where income is between 50,000 and 60,000, the charge is 1% of the amount of child benefit received for every 100 of income over 50,000. 2

3 Car benefit percentage The relevant base level of CO 2 emissions is 95 grams per kilometre. The percentage rates applying to petrol cars with CO 2 emissions up to this level are: % 75 grams per kilometre or less 5 76 grams to 94 grams per kilometre grams per kilometre 11 Car fuel benefit The base figure for calculating the car fuel benefit is 21,100. Individual savings accounts (ISAs) The overall investment limit is 11,520, of which 5,760 can be invested in a cash ISA. Pension scheme limits Annual allowance 50,000 Lifetime allowance 1,500,000 Maximum contribution that can qualify for tax relief without any earnings 3,600 Authorised mileage allowances: cars Up to 10,000 miles Over 10,000 miles 45p 25p Capital allowances: rates of allowance % Plant and machinery Main pool 18 Special rate pool 8 Motor cars New cars with CO 2 emissions up to 95 grams per kilometre 100 CO 2 emissions between 96 and 130 grams per kilometre 18 CO 2 emissions over 130 grams per kilometre 8 Annual investment allowance First 250,000 of expenditure (since 1 January 2013) 100 Cap on income tax reliefs Unless otherwise restricted, reliefs are capped at the higher of 50,000 or 25% of income. 3 [P.T.O.

4 Corporation tax Financial year Small profits rate 20% 20% 20% Main rate 26% 24% 23% Lower limit 1,300,000 1,300,000 1,300,000 Upper limit 1,500,000 1,500,000 1,500,000 Standard fraction 3/200 1/100 3/400 Marginal relief Standard fraction x (U A) x N/A Patent box deduction from net patent profit Net patent profit x ((main rate 10%)/main rate) Value added tax (VAT) Standard rate 20% Registration limit 79,000 Deregistration limit 77,000 Inheritance tax: nil rate bands and tax rates 6 April 2013 to 5 April ,000 6 April 2012 to 5 April ,000 6 April 2011 to 5 April ,000 6 April 2010 to 5 April ,000 6 April 2009 to 5 April ,000 6 April 2008 to 5 April ,000 6 April 2007 to 5 April ,000 6 April 2006 to 5 April ,000 6 April 2005 to 5 April ,000 6 April 2004 to 5 April ,000 6 April 2003 to 5 April ,000 6 April 2002 to 5 April ,000 6 April 2001 to 5 April ,000 6 April 2000 to 5 April ,000 6 April 1999 to 5 April ,000 Rate of tax on excess over nil rate band Lifetime rate 20% Death rate 40% Inheritance tax: taper relief Years before death: % reduction Over 3 but less than 4 years 20 Over 4 but less than 5 years 40 Over 5 but less than 6 years 60 Over 6 but less than 7 years 80 4

5 Capital gains tax % Rate of tax Lower rate 18 Higher rate 28 Annual exempt amount 10,900 Entrepreneurs relief Lifetime limit 10,000,000 Rate of tax 10% National insurance contributions (not contracted out rates) % Class 1 Employee 1 7,755 per year Nil 7,756 41,450 per year ,451 and above per year 12 0 Class 1 Employer 1 7,696 per year Nil 7,697 and above per year 13 8 Class 1A 13 8 Class per week Small earnings exception limit 5,725 Class 4 1 7,755 per year Nil 7,756 41,450 per year ,451 and above per year 2 0 Rates of interest (assumed) Official rate of interest 4 0% Rate of interest on underpaid tax 3 0% Rate of interest on overpaid tax 0 5% Stamp duty land tax % 150,000 or less (1) Nil 150, , , , ,001 1,000, ,000,001 2,000,000 (2) 5 2,000,001 or more (2) 7 (1) For residential property, the nil rate is restricted to 125,000. (2) The 5% and 7% rates apply to residential properties only. The 4% rate applies to all non-residential properties where the consideration is in excess of 500,000. Stamp duty Shares 0 5% 5 [P.T.O.

6 This is a blank page. Question 1 begins on page 7. 6

7 Section A BOTH questions are compulsory and MUST be attempted 1 Your manager has had a meeting with Kantar. Kantar recently appointed your firm to be his tax advisers. Extracts from the memorandum recording the matters discussed at the meeting and from an from your manager are set out below. Extract from the memorandum Kantar was born on 1 May He is resident and domiciled in the UK. Kantar has owned and operated his unincorporated business since In February 2014 Kantar disposed of some land. He used the proceeds to purchase equipment and vans on 1 May 2014 in order to expand his business. Kantar s only other income consists of UK property business income of 5,000 per year. Capital transactions 1 November 2012 Kantar inherited eight acres of land from his uncle. Kantar s uncle had purchased the land for 70,000 in At the time of the uncle s death, the land was worth 200, November 2012 Kantar gave 400 to each of his three nephews. 1 February 2014 On this date, when the eight acres of land were worth 290,000, Kantar gave two acres, valued by an independent expert at 100,000, to his son. Capital gains tax gift relief was not available in respect of this gift. 2 February 2014 Kantar sold the remaining six acres of land at auction for 170,000. Kantar has not made any disposals for the purposes of capital gains tax other than those set out above. Kantar has not made any transfers of value for the purposes of inheritance tax other than those set out above. Kantar s business Kantar s business provides delivery services. The majority of its customers are members of the public. Kantar is not registered for the purposes of value added tax (VAT). The recent actual and budgeted results of the business are set out below. Year ended 31 March Actual Actual Budgeted Sales 48,000 65,000 96,000 Expenses (6,000) (8,000) (13,000) Profit per the accounts 42,000 57,000 83,000 Adjustments for tax purposes 2,000 1,000 4,000 Capital allowances (1,000) (1,000) (155,000) Tax adjusted profit/(loss) 43,000 57,000 (68,000) Income tax liability for the tax year 9,084 14,622 Nil In the year ending 31 March 2016, no capital allowances will be available to Kantar. With the exception of capital allowances, the results for the year ending 31 March 2016 are expected to be the same as those for the year ended 31 March [P.T.O.

8 Extract from an from your manager Additional information The income tax liabilities in the memorandum take account of Kantar s UK property business income as well as his trading income and are correct. Kantar pays all of his tax liabilities on or before the due dates. Please prepare notes for use in a meeting with Kantar. The notes should address the following issues: (a) Capital transactions (i) Inheritance tax The availability of the small gifts exemption in respect of Kantar s gifts to his nephews. A calculation of the potentially exempt transfer on 1 February 2014 after deduction of any available exemptions. (ii) A calculation of Kantar s chargeable gains and capital gains tax liability for the tax year 2013/14. (b) Budgeted trading loss for the year ending 31 March 2015 (i) (ii) Calculations, with brief supporting explanations where necessary, of the tax which would be saved in respect of the offset of the trading loss for the tax year 2014/15 if: (1) the loss is relieved as soon as possible; (2) the loss is carried forward for relief in the future. A brief evaluation of your findings and the relevance to Kantar of the 50,000 restriction on the offset of trading losses. On the assumptions that the trading loss is carried forward and that Kantar wishes to maximise his cash flow position, prepare a schedule of the dates and amounts of the payments on account and balancing payments Kantar would expect to make, post 1 January 2015, in respect of his tax liabilities for 2013/14, 2014/15 and 2015/16. Include brief explanations of the payments on account amounts. (c) Reporting of chargeable gains Kantar does not intend to report his chargeable gains on his income tax return as he believes that the tax authorities should be able to obtain this information from other sources. Explain the implications for Kantar, and our firm, of Kantar failing to report the chargeable gains to HM Revenue and Customs. (d) Value added tax (VAT) Explain, without performing any calculations, Kantar s obligation to compulsorily register for VAT; and state Kantar s ability, following registration, to recover the input tax incurred prior to registering. Tax manager 8

9 Required: Prepare the meeting notes requested in the from your manager. The following marks are available: (a) Capital transactions. (i) Inheritance tax. (ii) Capital gains tax. (4 marks) (4 marks) (b) Budgeted trading loss for the year ending 31 March (i) Offset of the trading loss. (10 marks) (ii) Further tax payments if the loss is carried forward. Note: Ignore national insurance contributions and value added tax (VAT). (5 marks) (c) Reporting of chargeable gains. (4 marks) (d) Value added tax (VAT). (4 marks) Professional marks will be awarded for the clarity of the calculations, analysis of the situation, the effectiveness with which the information is communicated, and the quality of the overall presentation. (4 marks) (35 marks) 9 [P.T.O.

10 2 You have received an with an attachment from your manager relating to a new client of your firm. The attachment is a memorandum prepared by the client, Mr Stone, who owns the whole of the ordinary share capital of Bond Ltd. The from your manager contains further information in relation to the Bond Ltd group of companies and sets out the work you are to perform. The attachment and the are set out below. Attachment Memorandum from Mr Stone Bond Ltd group of companies Formation of the group The Bond Ltd group consists of Bond Ltd, Ungar Ltd and Madison Ltd. 1 April 2012 I purchased the whole of the ordinary share capital of Bond Ltd. 1 December 2012 Bond Ltd purchased the whole of the ordinary share capital of Ungar Ltd. 1 October 2014 Madison Ltd was incorporated on 1 October Bond Ltd acquired 65% of the ordinary share capital of Madison Ltd on that date. Bond Ltd Results for the six months ended 30 September 2014 Notes Trading losses brought forward (20,000) 1 Tax adjusted trading income for the period 470,000 2, 3 Chargeable gain 180,000 4 Notes 1. On 31 March 2012, Bond Ltd had trading losses to carry forward of 170,000. The company s total taxable trading income for the two years ended 31 March 2014 was only 150,000, such that on 31 March 2014 it had trading losses to carry forward of 20, Bond Ltd s trade consists of baking and selling bread and other baked products. Up to 31 March 2014, its main product had always been low-cost bread which was sold to schools, hospitals and prisons. In April 2014, Bond Ltd introduced a new range of high quality breads and cakes. This new range is sold to supermarkets and independent retailers and, for the six months ended 30 September 2014 represents 65% of the company s turnover and 90% of its profits. 3. In order to produce the new product range, Bond Ltd invested 160,000 in plant and machinery in April The tax adjusted trading income is after deducting capital allowances of 160,000, i.e. 100% of the cost of the plant and machinery. The tax written down value brought forward on the company s main pool as at 1 April 2014 was zero and there were no other additions or disposals of plant and machinery in the period. 4. The chargeable gain arose on the sale of a plot of land on 1 May 2014 for proceeds of 350,000. The land had always been used in the company s business but was no longer required. Ungar Ltd The trade of Ungar Ltd consists of baking high quality cakes. Ungar Ltd trades from premises purchased on 1 July 2013 for 310,000. Ungar Ltd also develops new baking processes and techniques which it has patented. It uses these processes and techniques itself and licenses the patents to other manufacturers. Madison Ltd Madison Ltd purchased a building for 400,000 (plus 20% value added tax (VAT)) and machinery for 300,000 (plus 20% VAT) and began to trade on 1 October Madison Ltd is partially exempt for the purposes of VAT. In the year ending 30 September 2015, its VAT recovery percentage is expected to be 80%. However, I expect this percentage to fall slightly in future years. 10

11 from your manager Additional information Bond Ltd, Ungar Ltd and Madison Ltd are all resident in the UK. Bond Ltd and Ungar Ltd had always prepared accounts to 31 March. However, in 2014 it was decided to change the group s year end to 30 September and accounts have been prepared for the six months ended 30 September The original cost of the land sold by Bond Ltd on 1 May 2014 was 150,000. The chargeable gain of 180,000 is after the deduction of indexation allowance and is correct. Please carry out the following work: (a) (b) Corporation tax liability of Bond Ltd Calculate the corporation tax liability of Bond Ltd for the six months ended 30 September 2014 based on the information provided by Mr Stone. You should review Mr Stone s capital allowances figure of 160,000 and assume the company will claim the maximum possible rollover relief. Include notes on the following matters. (i) (ii) The capital allowances available. The use of Bond Ltd s trading losses brought forward bearing in mind that Mr Stone only recently acquired the company. (iii) The availability of rollover relief in respect of the chargeable gain on the land. You should ignore VAT when carrying out this work. We will need to do further work in order to finalise this computation. In the meantime, make a note of any assumptions you have made in order to complete the computation as far as possible for now. Ungar Ltd Patent box regime State, giving reasons, whether or not the patent box regime is available to Ungar Ltd and briefly describe the operation of the regime. (c) Madison Ltd Recovery of input tax Explain how much of the input tax in respect of the purchase of the building and machinery can be recovered by Madison Ltd in the year ending 30 September 2015 and how this may be adjusted in future years. Include an example of a possible adjustment in the year ending 30 September Tax manager Required: Carry out the work required as requested in the from your manager. The following marks are available: (a) Corporation tax liability of Bond Ltd. Note: For guidance, approximately two-thirds of the available marks relate to the written notes. (17 marks) (b) Ungar Ltd Patent box regime. (4 marks) (c) Madison Ltd Recovery of input tax. (4 marks) (25 marks) 11 [P.T.O.

12 Section B TWO questions ONLY to be attempted 3 Your firm has been asked to provide advice in connection with inheritance tax and capital gains tax following the death of Cada. The advice relates to the implications of making lifetime gifts, making gifts to charity, varying the terms of a will and other aspects of capital gains tax planning. Cada and her family: Cada, who was UK domiciled, died on 20 November Cada is survived by two daughters: Raymer and Yang. Raymer has an adult son. Yang has no children. Cada Lifetime gifts and available nil rate band: Cada had not made any lifetime gifts since 30 November Cada s nil rate band available at the date of her death was 220,000. Cada s death estate and the details of her will: Cada owned assets valued at 1,000,000 at the time of her death. Cada left her house, valued at 500,000, to Raymer. Cada left cash of 60,000 to a UK national charity. Cada left her remaining assets (including a portfolio of shares) valued at 440,000, to Yang. None of the remaining assets qualified for any inheritance tax reliefs. Raymer: Is not an accountant, but has some knowledge of the UK tax system. Has made four observations regarding her mother s estate and her inheritance. Raymer s four observations: My mother should have made additional gifts in her lifetime. The tax rate on the chargeable estate should be less than 40% due to the gift to charity. I do not intend to live in the house but will give it to my son on 1 July My mother paid capital gains tax every year. However, when she died, some of her shareholdings had a value of less than cost. Cada s shareholdings at the time of her death: Quoted shares in JW plc valued at more than cost. Quoted shares in FR plc valued at less than cost. Unquoted shares in KZ Ltd valued at nil. Required: (a) (b) (c) (d) Explain the inheritance tax advantages, other than lifetime exemptions, which could have been obtained if Cada had made additional lifetime gifts of quoted shares between 1 December 2010 and her death. (4 marks) Calculate the increase in the legacy to the charity which would be necessary in order for the reduced rate of inheritance tax to apply and quantify the reduction in the inheritance tax liability which would result. (5 marks) Explain the capital gains tax and inheritance tax advantages which could be obtained by varying the terms of Cada s will and set out the procedures required in order to achieve a tax-effective variation. (6 marks) In relation to capital gains tax, explain what beneficial actions Cada could have carried out in the tax year of her death in respect of her shareholdings. (5 marks) (20 marks) 12

13 4 Your firm has been asked to provide advice to two unrelated clients, Piquet and Buraco. Piquet, an unincorporated sole trader, requires advice on a proposed change to the date to which he prepares his accounts. Buraco requires advice on his residence status and the remittance basis. (a) Piquet: Began trading as an unincorporated sole trader on 1 January Has always prepared accounts to 31 October. Has overlap profits of 15,000 for a five-month overlap period. Is planning to change his accounting date to 28 February Actual and budgeted tax adjusted trading profit of Piquet s business: Profit per month Profit for the period Year ended 31 October ,500 54, months ending 28 February ,875 94,000 Year ending 28 February ,333 88,000 Year ending 28 February , ,000 Alternative choice of accounting date: Piquet is also considering a year end of 30 April. To achieve this, Piquet would prepare accounts for the 18 months ending 30 April 2015 and annually thereafter. Required: (i) (ii) On the assumption that Piquet changes his accounting date to 28 February, state the date by which he should notify HM Revenue and Customs of the change, and calculate the taxable trading profit for each of the tax years 2014/15 and 2015/16. (3 marks) On the assumption that Piquet changes his accounting date to 30 April, state the basis periods for the tax years 2014/15 and 2015/16 and the effect of this change on Piquet s overlap profits. (3 marks) (iii) Identify and explain TWO advantages for Piquet of using a year end of 30 April rather than 28 February. (4 marks) (b) Buraco s links with the country of Canasta: Buraco is domiciled in Canasta. Buraco owns a home in the country of Canasta. Buraco s only income is in respect of investment properties in Canasta. Buraco frequently buys and sells properties in Canasta. Buraco s links with the UK: Buraco s ex-wife and their 12-year-old daughter moved to the UK on 1 May Buraco first visited the UK in the tax year 2013/14 but was not UK resident in that year. Buraco did not own a house in the UK until he purchased one on 6 April Buraco expects to live in the UK house for between 100 and 150 days in the tax year 2014/15. Required: (i) (ii) Explain why Buraco will not satisfy any of the automatic overseas residence tests for the tax year 2014/15, and, on the assumption that he does not satisfy any of the automatic UK residence tests, explain how his residence status will be determined for that tax year. (7 marks) On the assumption that Buraco is resident in the UK in the tax year 2014/15, state the tax implications for him of claiming the remittance basis for that year and explain whether or not there would be a remittance basis charge. (3 marks) (20 marks) 13 [P.T.O.

14 5 Klubb plc, a client of your firm, requires advice on the penalty in respect of the late filing of a corporation tax return, the establishment of an approved tax-efficient share scheme, and its shareholding in an overseas-resident company. Klubb plc: Is a UK resident trading company. Has been charged a penalty in respect of the late filing of corporation tax returns. Intends to establish an approved tax-efficient share plan. Purchased 30% of the ordinary share capital of Hartz Co from Mr Deck on 1 April Late filing of corporation tax returns: Klubb plc prepared accounts for the 16-month period ended 31 March The corporation tax returns for this period were filed on 31 May Approved tax-efficient share plan: The plan will be either an approved share incentive plan (SIP) or an approved company share option plan (CSOP). If a SIP, the shares would be held within the plan for five years. If a SIP, members will not be permitted to reinvest dividends in order to purchase further shares. If a CSOP, the options would be exercised within five years of being granted. In both cases it can be assumed that the plan members would sell the shares immediately after acquiring them. Klubb plc wants the share plan to be flexible in terms of: The employees who can be included in the plan. The number or value of shares which can be acquired by each plan member. Hartz Co: Is resident in the country of Suta. Mr Deck continues to own 25% of the company s ordinary share capital. Kort Co, a company resident in the country of Suta, owns the remaining 45%. Budgeted results of Hartz Co for the year ending 31 March 2015: Trading profits of 330,000. Chargeable gains of 70,000. All of Hartz Co s profits have been artificially diverted from the UK. Hartz Co will pay corporation tax at the rate of 11% in the country of Suta. Hartz Co will not pay a dividend for the year ending 31 March Required: (a) (b) State the corporation tax returns required from Klubb plc in respect of the 16-month period ended 31 March 2013 and the due dates for filing them. Explain the penalties which may be charged in respect of the late filing of these returns. (4 marks) Compare and contrast an approved share incentive plan with an approved company share option plan in relation to: the flexibility desired by Klubb plc regarding the employees included in the plan and the number or value of shares which can be acquired by each plan member; and the income tax and capital gains tax implications of acquiring and selling the shares under each plan. (9 marks) (c) (i) Explain whether or not Hartz Co will be regarded as a controlled foreign company (CFC) for the year ending 31 March 2015 and the availability or otherwise of the low profits exemption. (4 marks) (ii) On the assumption that Hartz Co is a CFC, and that no CFC exemptions are available, calculate the budgeted CFC charge for Klubb plc based on the budgeted results of Hartz Co for the year ending 31 March (3 marks) (20 marks) End of Question Paper 14